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My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.
The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.
andThe CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies.
A ‘transaction’ in terms of the CPA refers to agreements concluded in the ordinary course of business by a supplier and a consumer.
Then there are private sales. Every week I get a handful of emails from people who’ve bought goods after responding to a classified advert, not realising they’ve bought “voetstoets”, because private sales are not covered by the act.
Unfortunately my mom and grandfather are paranoid and have agreed to meet them tomorrow.
Doesn't matter stand your ground tell them them not to go, meeting them makes things worse, simply phone them and tell them no item sold as is, no longer your problem, further calls will result in a harassment case being opened against them additional will seek a restraining order.
By meeting them, any thing said in that meeting can be used against them, it's a R1000.00, it's not criminal it civil action if any is taken so even if they insist in small claims court you either end up paying the R1000.00 or nothing at all. Some might say it's not worth it.
However your mom is completely in the right, as long as she doesn't agree to any thing.Straight up tell them there is nothing to be afraid of should it end in small claims.
Please don't go to that meeting, phone the people and tell them you are taking over and the item is sold as is, no longer your problem deal with it any way they see fit, going to that meeting will screw your mom over period, just don't do it period, and no it's not too late to cancel the meeting...
Did they mention what is actually wrong with the machine? Have any of you spoken to them over the phone?